FL Criminal Process

When dealing with a
criminal investigation or an arrest, it is likely that you have a lot of unanswered questions.
At Thomas & Paulk, P.A., we know that this can be one of the most
confusing times you will ever experience; without qualified legal guidance,
you can find yourself stumbling and unsure of what your next move should
be. For this reason, we have created this website. We hope that visitors
who come to this site will find the information they need to feel prepared
to face the future.
To help with this, we have given a basic breakdown of the criminal process below.

Know What to Expect After a Criminal Arrest

The first step of many people's involvement with the criminal process is
the actual arrest. How this occurs will depend entirely on your exact
case. For example, an arrest could happen after a law enforcement officer
pulls you over for suspected
drunk driving, after months of pre-trial investigation, or after a search and seizure
leads to incriminating evidence.

Regardless, law enforcement must have what is known as probable cause.
This simply means that they cannot just arrest someone on a whim; there
must be hard evidence backing up the fact that you have committed a crime
of some kind. During the arrest, it is crucial that the officer reads
your Miranda rights. This is primarily a warning that lets you know of
your rights and gives you a brief overview of what you can expect to be facing.

The Miranda warning tells the defendant the following:

They have the right to remain silent;

Anything they say or do may be used against them in court;

They have the right to consult an attorney before or during questioning;

If they cannot afford an attorney, one will be appointed for them; and

They have the right to stop answering questions until they talk to a lawyer.

Booking

Following an arrest, the defendant will be placed through the booking process.
This is essentially the formal process by which a defendant is entered
into the system. After the arrest, they will be taken to the police station;
while there, all of their information will be formally gathered. This
will include their name, birth date, and physical address. They will then
be fingerprinted, photographed, and searched. All of their personal belongings
will be taken from them to be cataloged and stored until they are released.

First Appearance & Pretrial Release

Within 24 hours of the arrest, the defendant will be taken before a judicial
officer by what is known as the "first appearance." During this
appearance, the judge will inform the defendant of the criminal charges
that they are facing. The defendant is NOT required to say anything during
the first appearance; they are also freely able to communicate with their
legal counsel, as well as any family or friends.

If the defendant has retained counsel, the first appearance may be postponed
to send for counsel. If they are unable to afford counsel, the judge will
immediately appoint counsel on their behalf. During the first appearance,
unless the defendant is facing a capital offense, they will be entitled
to reasonable pretrial release. Bail may be granted by something such
as a surety bail bone or a recognizance bond. Unless the state has filed
a motion for pretrial detention, the court will determine it. It is the
responsibility of the judicial officer to ensure that all defendants are
treated fairly while the community remains safe and protected. Pre-trial
release may also be granted with certain restrictions on travel, with
the defendant being placed into another's custody, as well as any other
reasonable conditions.

Preliminary Hearings

After charges have been filed, you will have the right to a preliminary
hearing. If you choose not to waive this hearing, it will be the responsibility
of the prosecution to bring up enough evidence to show that there is probable
cause to charge you with the crimes you are facing. This is often known
as a "non-adversary probable cause determination," and typically,
it must be done within 48 hours of the arrest. It is also referred to
as a trial before the trial and will determine whether or not you will
be tried at all.

Arraignment Hearing

The arraignment hearing will include a judge or clerk, as well as the defendant,
the defendant's legal counsel, and the prosecution. During this proceeding,
which can be done either in an open court or by an audiovisual device,
the defendant will be read the charges being pressed against them. They
will also be formally asked to enter their plea. Should the defendant
enter a plea of not guilty, they will be given a reasonable amount of
time for which they can prepare for the upcoming trial. If the defendant
has legal counsel, they may choose to file a written plea before arraignment;
should this occur, the arraignment hearing can be waived entirely and
the criminal process can proceed.

Trial

The "meat" of criminal process is the actual trial itself. During
the trial, both sides will present the best argument they can to convince
the court the defendant is guilty or innocent. Remember, the burden of
proof rests on the prosecution; it is
their responsibility to prove that you are guilty. It is
not your responsibility to prove that you are innocent. The trial itself will
be broken up into several different sections. For example, it will start
with the selection of the jury and the opening statements of both prosecuting
and defense attorney. It will then move into witness testimony, cross-examination,
and closing arguments. From there, it will proceed into the jury instruction
and the verdict itself.

How Thomas & Paulk, P.A. Can Help Protect You

If you find yourself facing a criminal charge or if you know that you are
under investigation, it is important that no time is wasted in getting
the involvement of an experienced
Tampa criminal lawyer. At Thomas & Paulk, P.A., we have more than 20 years of dedicated
legal experience. If you have been charged and are looking for an attorney
who will step up to protect your rights, you need not look further. We
know what is at stake and can sit down with you to help explain the criminal
process. We can help ensure that you know what you are facing and what
to expect. So what are you waiting for? When you have this much on the
line, you simply cannot afford to waste time.

To schedule your initial case consultation with a member of our firm, all
you need to do is
give us a call at (813) 321-7323. You can also visit our online case evaluation form or fill it out on
the right side of this page.

Our Videos

4 Benefits of Hiring a Criminal Attorney

You may know nothing about the criminal system and may be confused on what
to do next. You'll need an attorney who will guide you through the entire
process to make things a little easier for you.

Relationships

Our attorneys have been working in the courts for a long time and have
developed positive relationships with all the people you may face during
your case. This can help improve the position in your case, which can
help your outcome.

Knowledge

You won't be able to look into all the possibilities alone. Your criminal
attorney is well-versed in criminal law and will be able to provide you
with a strong strategy and turn the odds in your favor.

Building a Case

Unlike a prosecutor, a criminal defense attorney will spend the time to
build a strong case to help by dismissing your case or reducing the penalties.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.